Tag Archives: conditional residence

Conditional residence posts in the CitizenPath immigration blog.

Tips for Avoiding the I-751 Interview

couple that did not avoid the I-751 interviewIt is possible to avoid the dreaded I-751 interview. No couple wants to visit U.S. Citizenship and Immigration Services (USCIS) to be prodded with personal questions about their marriage. What’s more, the stakes are high. If USCIS isn’t convinced that you have a bona fide marriage, the conditional resident’s status may be in jeopardy.

As a matter of law (INA §216) a couple must appear for a personal interview in order for the conditions on residence to be removed. But if USCIS is satisfied that the marriage was not for the purpose of evading the immigration laws, they may waive the interview and approve the I-751 petition. Let’s help you avoid the I-751 interview all together. Continue reading

Marriage Green Card: Obtaining Permanent Residence through Marriage

Marriage Green Card ProcessMarriage green card is a common phrase used to describe a permanent resident card obtained through marriage to a U.S. citizen or lawful permanent resident. Permanent residence is an immigration status that allows a foreign national to live and work in the United States permanently. Of course, the permanent resident may choose to naturalize as a U.S. citizen once eligible.

A marriage-based green card can be one of the quickest ways to obtain permanent residence. The marriage alone doesn’t provide any immigration status to a foreign national. But marriage to a U.S. citizen or permanent resident is a qualifying relationship for a foreign national to apply for immigration benefits. Continue reading

33 Great Documents for Proving a Bona Fide Marriage on an I-751 Petition

Proving a Bona Fide MarriageWhen filing Form I-751, Petition to Remove Conditions on Residence, a conditional resident and spouse must provide evidence that they have a bona fide marriage. There are numerous documents that can used to establish that you entered a genuine marriage and deserve a 10-year green card.

Even if you are filing with a waiver to the joint filing requirement (due to a terminated marriage), you will need to prove that your marriage was genuine and not created to circumvent immigration laws. Thus, proving a bona fide marriage on an I-751 petition is extremely important to it’s success. Continue reading

I-751 Waiver After Divorce: Filing without the Ex

i-751 waiver after divorceConditional residents that obtained a two-year green card through marriage will typically file a joint petition using Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before it expires. The conditional resident normally files jointly with the spouse. Once approved, U.S. Citizenship and Immigration Services (USCIS) grants the conditional resident status as a lawful permanent resident and provides a 10-year green card. But what if the conditional resident gets a divorce or annulment before the two-year period ends? Or what happens if the spouse is abusive and refuses to file the joint petition? The I-751 waiver after divorce provides a solution to this difficult situation. Continue reading

Renewing Green Card After 2 Years

Renewing Green Card After 2 YearsIf you’ve obtained a 2-year green card through marriage to a U.S. citizen or through a financial investment, you are a conditional resident of the United States. While the rights and privileges of a conditional resident are very similar to a lawful permanent resident (10-year green card holder), the statuses are very different. Renewing green card after 2 years requires careful consideration. In fact, you won’t be a renewing your green card — the process for conditional residents is completely different. Continue reading

How to Write an I-751 Affidavit Letter of Support

I-751 Affidavit Being SignedWhen filing Form I-751 to remove the conditions on residence, the conditional permanent resident also needs to submit evidence that the relationship was entered in “good faith.” USCIS wants to confirm that the marriage was not entered into for the purposes of evading immigration laws. Much confusion surrounds the need to submit I-751 affidavits.

These “letters of support” are letters written by people that know the couple and have first-hand knowledge of the relationship. The I-751 affidavit helps support other evidence that the couple submits to demonstrate that the marriage was entered in good faith and is a not a “sham” marriage. Continue reading

Form I-751 FAQs: Remove Conditions on Green Card

form i-751 faqs: Green Card MarriageIf you received a conditional green card through marriage to a U.S. citizen, you may have questions related to getting your 10-year green card and how to remove conditions on green card. We’ve compiled a list of frequently asked questions related to preparing and filing Form I-751, Petition to Remove Conditions on Residence.

CitizenPath’s online software helps conditional residents prepare Form I-751. Based on our experience, we wanted to share some of the most common questions related to removal of conditions and filing the I-751 petition. Continue reading

Common Reasons Form I-751 Gets Denied

Form I-751 DeniedForeign spouses who recently married U.S. citizens generally enter the United States as conditional residents. The conditional status automatically terminates after two years. U.S. Citizenship and Immigration Services (USCIS) uses the conditional status like a probation period. Before the end of the conditional period, the couple must file Form I-751, Petition to Remove Conditions on Residence and prove a bona fide marriage. Getting an I-751 approved is essential for the conditional resident to remain in the United States. Getting an I-751 denied can result in the foreign spouse being removed from the U.S.

If your Form I-751 is denied, USCIS will send you a letter explaining the reason for the decision. That letter will also include a Notice to Appear (NTA) in immigration court for removal proceedings. Continue reading

Divorce After Green Card

How Divorce Can Affect Your Immigration Status

Divorce After Green Card ProcessDivorce can be a devastating life event. It’s emotionally exhausting, financially costly and can even affect one’s immigration status in the United States. A divorce after green card may introduce new challenges to a permanent resident. But in other cases, it’s not an issue.

Before you file another application or petition with U.S. Citizenship and Immigration Services (USCIS), take the time to understand how your divorce or annulment may affect your situation. Continue reading

Green Card Marriage: 640 Days to Perfection

green card marriage processThe green card marriage process is best known for the first 90 days. In fact, a realty-TV series called 90 Day Fiancé is expected to enter a fifth season on TLC. But this is just the beginning of the green card marriage journey.

A U.S. citizen that wants to marry a foreign national may bring the fiancé to the United States on a K-1 visa. For the foreign national to remain in the United States, the couple must get married within a 90-day period. After that, the couple has 640 days to prove to the U.S. immigration system that they have a genuine, bona fide marriage. Continue reading